A/64/271 3. Genocide 46. On 21 January 2009, the Special Rapporteur participated in a seminar on the prevention of genocide organized by the Office of the United Nations High Commissioner for Human Rights. On that occasion, he recalled that genocide, ethnic cleansing and other war crimes were traditionally linked to the emergence of exclusionary ideologies based on race or ethnicity and that extreme forms of racism, often hidden under the guise of radical nationalism, could lead to unspeakable catastrophes. However, while it was clear that genocide was frequently accompanied by extreme forms of racism, the Special Rapporteur cautioned against sweeping causal statements. He highlighted that racism was a widespread and pervasive phenomenon, affecting countries in all regions of the globe, whereas genocide, on the other hand, had been confined to a limited number of cases which had taken place under specific circumstances. 47. Reflecting on the need to better understand the conditions under which racism leads to genocidal violence, the Special Rapporteur referred to the helpful efforts undertaken by the Committee on the Elimination of Racial Discrimination. The substantive work carried out by the Committee allowed for the identification of long-term and short-term factors leading to genocide. On the long term, the importance of addressing systematic discrimination against particular distinct groups was emphasized and early-warning signs helping to detect such systematic discrimination were identified by the Committee. Short-term factors were also indicated as being essential to explain how long-term causes were triggered into mass violence at particular times. Although a system of early warning was never fail proof, the Special Rapporteur stressed its absolute necessity against the crime of genocide. Such a system allowed identifying situations that should be placed on a “watch list” of countries at risk and also offered a sense of the long- and short- term measures required to overcome the problem. 48. While political solutions lay at the centre of these efforts, the Special Rapporteur underlined the set of human rights concerns which should also guide such political decisions, as they allowed for action on issues at the root causes of the conflict. Dealing with these root causes of ethnic conflict was considered by the Special Rapporteur as a fundamental strategy to prevent genocide. Indeed, the international community had often tried to remedy situations of conflict, while disregarding the real sources of the problem. As a consequence, racial or ethnic tensions remained long after a peace agreement was signed, only to lead to conflict recurring years later. An anti-racism and anti-discrimination approach was thus essential in post-conflict situations, particularly in post-genocide contexts, in order to ensure that such tragedies would not recur in the future. In particular, the Special Rapporteur stated that racial or ethnic fractures that opened during conflict needed to be addressed with broad programmes of national reconciliation that fostered inter-ethnic cooperation. 49. While national reconciliation must be a priority in a post-conflict situation, the Special Rapporteur also recalled that combating impunity was to remain on the top of the agenda. The investigation, prosecution and punishment of those responsible were an absolute necessity leading to a comprehensive and lasting reconciliation process. The culture of anti-impunity was at the core of the mandates of several international tribunals, which should be globally supported. Nonetheless, the Special Rapporteur considered that these international mechanisms were the last resort 12 09-45097

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